Law | Law and Race | Law Enforcement and Corrections
Modern policing emphasizes advanced statistical metrics, new forms of organizational accountability, and aggressive tactical enforcement of minor crimes as the core of its institutional design. Recent policing research has shown how this policing regime has been woven into the social, political and legal systems in urban areas, but there has been little attention to these policing regimes in smaller areas. In these places, where relationships between citizens, courts and police are more intimate and granular, and local boundaries are closely spaced with considerable flow of persons through spaces, the “new policing” has reached deeply into the everyday lives of predominantly non-white citizens through multiple contacts that lead to an array of legal financial obligations including a wide array of fines and fees. Failure to pay these fees often leads to criminal liability. We examine two faces of modern policing, comparing the Ferguson, Missouri and New York City. We analyze rich and detailed panel data from both places on police stops, citations, warrants, arrests, court dispositions, and penalties, to show the web of social control and legal burdens that these practices create. The data paint a detailed picture of racially discriminatory outcomes at all stages of the process that are common to these two very different social contexts. We link the evidence on the spatial concentration of the racial skew in these policing regimes to patterns of social and spatial segregation, and in turn, to the social, economic and health implications for mobility. We conclude with a discussion of the implications of the “new policing” for constitutional regulation and political reform.
Jeffrey Fagan & Elliott Ash,
New Policing, New Segregation: From Ferguson to New York,
Georgetown Law Journal Online, Vol. 106, p. 33, 2017; Columbia Public Law Research Paper, No. 14-569
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2066